Legal Question in Wills and Trusts in Virginia

My father passed away in January of 2019, his home was sold in Oct 2019. My share of the proceeds (as a beneficiary) is roughly $28,000 which I have not received as of yet. My ex-wife is now demanding a share of this money. Everything I had read about Virginia law says that:

Typically, regardless of whether you are in a separate or community property state, your spouse does not have a legal claim to anything you inherit or receive as a gift, according to Nolo. The primary reason is that eliminating spousal claim to inheritance guarantees that the inheritance will go to the person truly intended to receive it in accordance with probate law and will stipulations.

This inheritance has not been disbursed (and no one knows when it will be) so it has not been commingled into any joint account. I fear she will continue to make demands on this money unless she is presented with a valid legal opinion. Looking back. I wish I had anticipated this issue and addressed it in the divorce agreement. I may, at some point in the future, decide to share it with her but I want that to be my decision.

Asked on 8/13/20, 4:30 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

So, who is the executor or personal representative of your deceased father's estate and why haven't you

been dealing with this person to have your share by this time appropriately distributed to you as one of the

designated beneficiaries?

Office Tel. (703) 346-3542

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Answered on 8/13/20, 9:00 pm

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